New York City discrimination lawyers, like the ones at Leeds Brown, see many cases of disability discrimination each year and the number is rapidly growing. Various federal, state and local laws protect disabled workers from discrimination. The government has made it clear that it is deeply interested in encouraging disabled employees to remain important and productive members of the workforce.
Because of this desire, it is unlawful for an employer to discriminate against a qualified disabled person in any aspect of employment. Regulated practices involve all decisions relating to hiring, firing, promoting and compensating. An employer may not take into consideration an actual or perceived disability when making these decisions about a qualified person. Upon learning about an employee’s disability, an employer is required to make a reasonable accommodation for that employee so they may continue to be employed.
If you think you have been the victim of disability discrimination, you may benefit from speaking with an experienced New York City discrimination lawyer. At Leeds Brown, we have the dedicated attorneys you want on your side – attorneys who understand the complexities and nuances of discrimination cases. We can help you understand your rights and will vigorously protect them. You won’t find New York City attorneys who will work harder to secure the outcome you desire.
If you are a disabled person in New York City, and you ask for one, your employer must make a reasonable accommodation for you. It is not up to your employer to know that you need assistance. A reasonable accommodation is something that helps a disabled worker perform the essential functions of his or her job. After your request, your employer has to work with you to find out what you need and whether they can provide it. The ultimate goal is for you to be able to perform your job’s essential functions with a reasonable accommodation. The laws demand that employers and employees be somewhat flexible.
An accommodation can include almost anything – but it must be reasonable. An employer is not required to make an unreasonable accommodation. Accommodations tend to be things such as the following:
Examples of requests for workplace accommodations may include the following:
An employer has to make an accommodation only when the accommodation is reasonable, and this is where there can be much room for debate. Disability discrimination litigation often hinges on whether or not the accommodation sought is a reasonable one.
In a typical disability discrimination case, an accommodation is deemed reasonable if it will not impose an undue hardship on the business. Of course, what constitutes an undue hardship is also an often debated issue, and many employers will allege that they cannot accommodate a disability for this reason. If your employer can, in fact, prove that your accommodation would impose an undue hardship, they do not have to provide your accommodation. Without additional information, the above-listed accommodations certainly sound reasonable. They may cause a small expense or mild inconvenience, but they do not appear as if they would impose any undue hardship.
What would cause undue hardship? An accommodation that would cause serious financial repercussions may rise to the level of undue hardship. An accommodation that requires significant building construction may also cause undue hardship to a business.
For example, would it be reasonable to ask your boss to build a new, closer, restroom in the office because your disability makes it difficult to walk to the existing one? What would that cost? How disruptive would it be to the business? Would it be reasonable to move your workspace closer to the restroom instead? Would you be able to perform your job?
As you can see, each disability discrimination case is different and must be analyzed based on its facts. An employer cannot claim undue hardship simply because they do not wish to accommodate you. You should know what your rights are in this situation. Protect yourself by knowing what the law requires.
If you have been the victim of disability discrimination in New York City, contact Leeds Brown. We can help determine if you are entitled to a reasonable accommodation at your place of employment and whether or not your employer violated disability discrimination law. Our firm has experience protecting the rights of disabled workers in New York City and securing successful outcomes for our clients.
The analysis of a reasonable accommodation case can be complex, and an experienced disability lawyer can help guide you along. The attorneys at Leeds Brown have spent decades advocating for disabled New York City employees and deliver excellent results. Contact us today at 1-800-585-4658.